Can a F1 dependant continue working on CPT after filing 485

S

shiam

Registered Users (C)
Hi All,
I am on a H1B visa and am planning to file I485 next month. My wife is currently on a F1 visa and will graduate in Summer 2008. She is currently doing her internship till first week of August on her CPT.

If we both file for I485 in July, can she continue her internship on her CPT till August? Or will her CPT become invalid the day we send in our applications?

I have read that a F1 visa is voided after filing for AOS as its a nonimmigrant visa...what effect does it have on someone already working on CPT ? I have browsed a lot of forums and havent found a satisfactory answer to this specific issue.


Its really important for me to know this...as I dont want her to be out of status and not complete her internship...
 
shiam said:
I have read that a F1 visa is voided after filing for AOS as its a nonimmigrant visa...what effect does it have on someone already working on CPT ? I have browsed a lot of forums and havent found a satisfactory answer to this specific issue.
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Non-lawyer advice:
Her VISA will be invalid, which means she can't use it to reenter the United States. But as long as she stays in the country, her F-1 status will remain valid while her I-485 is pending. Filing I-485 does not confer a new status, so your old status remains whatever it is to begin with. If that status expires due to leaving the country (and hence cannot come back because the visa is invalid) or due to graduation or dropping out of school, the person becomes "out-of-status" BUT remains "lawfully present" in the United States because of a pending I-485.

Basically what this means is that she can continue in her F-1 status but she can't leave the country. If she does, she MUST have an approved Advanced Parole document to return, and when she does return, it won't be in F-1 status. She will then need EAD to work.
 
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I am planning to apply for her EAD too......but she wont get EAD immediately.....its just that I want to confirm that she can continue working on her CPT and complete her internship if she files for 485....if thats not possible....I shall have to delay her filing till August....and noone knows if the dates will be current in August.
 
shiam said:
I am planning to apply for her EAD too......but she wont get EAD immediately.....its just that I want to confirm that she can continue working on her CPT and complete her internship if she files for 485....if thats not possible....I shall have to delay her filing till August....and noone knows if the dates will be current in August.
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As jk0274 mentioned, She would be absolutely OK to continue with her internship, as long as she does not leave the country. As you are applying for EAD, once that comes in, then it supersedes the situation. And she will be able to move away from the non-immigrant status of F1, as its not dual-intent visa. Applying for AP, in this scenario will be beneficial too, in case she needs to travel, afterwards.

An associate of mine, went through similar situation with her spouse, and they were perfectly ok. After getting the EAD and AP, her spouse even changed from fulltime student status to parttime and started working partime as well, to cover the education expenses.
 
Hi,
I am also in exactly the same situation, my wife on F1 is doing her internship on CPT. She has her CPT approved till aug mid..

I have heard that once we file AOS in july, if she wants to do CPT in the fall semester then it might be difficult as school may not approve CPT since you have applied for AOS..
IS this true, if so it means once you apply for AOS, EAD etc.. you can't get F1 benefits like cpt, opt etc (and have to wait till EAD approval comes)..

In that case, now i am wondering that, even if my wife has approved cpt till aug mid, could it be illegal for her to work once AOS is applied?

Basically one is a case of applying for NEW CPT after applying for AOS, and
other is impact on current exisiting CPT bec of AOS applying..

Any info/suggestions on this will be very helpful.
Shiam if you find any other info on this, please post it.

thank you.
 
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